De Facto Partnership Immigration Permission in Ireland

IMPORTANT NOTE

From 21 March 2014 INIS will not accept an application for De Facto Partnership Immigration Permission if the Applicant is present in the State on a C Visit Visa or on foot of the Irish Short Stay Visa Waiver Programme.

For the sake of clarity, please note that applications from persons who are unlawfully present in the State and/or who are in the asylum/protection streams at the time of making the de facto application will not be accepted.

If the Applicant is a visa required national they must apply for an Irish D Join Partner visa prior to entry to the State.

It is the intention of INIS to introduce preclearance for all family type cases administered by a Family Settlement Unit – please see Family Reunification Policy Document published 31 December 2013. When the Family Settlement Unit is established it will be possible to have De Facto Partnership Immigration Permission applications decided prior to entry to the State for non visa required persons as well as for visa required persons.

When the Family Settlement Unit is established INIS will no longer accept De Facto Partnership Immigration Permission applications from within the State if the applicant is on a visitor permission.

Until the Family Settlement Unit is established INIS will continue to accept for De Facto Partnership Immigration Permission applications from non visa required persons present in the State on visitors conditions.

All non-EEAnationals need immigration permission to remain in the State. Permission to remain will be in the form of an endorsement in your passport confirming the conditions and period of time for which you have permission to remain in the State. Persons granted permission to be in the State by INIS must also register with the Garda National Immigration Bureau.

The intention of the Immigration Services when considering De Facto Partnership Immigration Permission (DFPIP) applications is to allow genuine long-term relationships to continue. It is intended to provide a means by which couples who are already living together in a committed relationship to remain in Ireland on this basis alone.

For immigration purposes a person may be considered the De Facto Partner, opposite or same sex, of another person if:

they have a mutual commitment to a shared life to the exclusion of all others akin to a marriage or civil partnership in practice though not in law

and

the relationship between them is genuine and continuing

and

they live together or do not live separately and apart on a permanent basis

and

they are not related by family

This type of immigration permission is for people who have an Irish citizen or Irish resident life partner (the Sponsor) and would like to live with them in Ireland. The permission is conditional on the relationship i.e. if the relationship ends the permission ends.

DFPIPmay be granted to both opposite and same sex partners who have been together in a relationship similar to marriage or civil partnership, have been living together for at least two years and have a mutual commitment to a shared life together to the exclusion of all others.

An Applicant may be asked to providePolice Clearance Certificate from any country the Applicant has resided in over the last 5 years. The Police Clearance Certificate should be no more than six months old at the date of application.

In order to apply for DFPIP a non EEA national (the Applicant) who wishes to remain the State and is in a relationship with an Irish National or an Irish Resident (the Sponsor) must be in a position to provide evidence of a durable relationship with evidence of cohabitation of at least two years on the date of application.

In order to assess whether the couple is in a genuine long-term relationship, it will be necessary for the couple to provide dated documentary evidence of cohabitation for at least the preceding 2 years immediately prior to the date of application. Partners who are not living together at the time of the Application will be required to give compelling reasons for this.

If the application contains voluminous material the Sponsor and Applicant will be asked to arrange collection from the Burgh Quay Offices or pay for the postage for the material to be returned.

Any incorrect or misleading information given during the application process will result in the application being refused or the permission being revoked.

Important Note –Dependent Minor Children (under 18)

If the Applicant has any dependant minor (under 18) children who intend to live with the Applicant and the Sponsor in the State, details of these children must be given. Included must be

copies of birth certificates and copies of passport(s) of the child(ren)

evidence that the Applicant is the child's legal guardian

and

evidence that the Applicant has sole custody and guardianship of the child(ren)

Or

evidence that the Applicant has the permission of any other guardian or custodian to have the child live with them in Ireland

Important Note - Applicants who are the subject of a Deportation Order or Notification of Intention to Deport under section 3 of the 1999 Immigration Act

Applications from persons with an existing Deportation Order or a Notification of Intention to Deport under Section 3 of the 1999 Immigration Actwill not be considered. Any Applicant who is the subject of a Deportation Order and who wishes to make an application for revocation of the Deportation Order on the basis of their relationship to an Irish national or an Irish Resident, pursuant to Section 3(11) of the Immigration Act, 1999, should send their application to the Repatriation Section at the address below.

Any Applicant who has been issued with a Notification of Intention to Deport under Section 3 of the 1999 Immigration Act and who wishes to make an application based on their relationship to an Irish national or an Irish Resident should make submissions to the address below.